STAGES OF
A NEW YORK CRIMINAL & DWI / DUI CASE FOR NEW YORK CITY (MANHATTAN,
BRONX, BROOKLYN, QUEENS & STATEN ISLAND) and LONG ISLAND (NASSAU AND
SUFFOLK COUNTY)

I.
ARREST

Have You Been Arrested?

A person is under arrest in New York at any time
that a reasonable person believes that he or she is not free to leave
the custody of the police. This means that you may have been arrested
for a criminal or DWI / DUI offense whether you were or were not
placed in handcuffs. Many times the New York State or City police
will not even tell you that you have been arrested for a criminal
offense. However, as long as you believe that you cannot voluntary
walk away from the police without being placed in handcuffs, you have
been placed under arrest. Even if you voluntary walk into a New York
State or City police station to answer questions, if you reasonably
believe that you cannot stand up and walk out freely, you have been
placed under arrest.

Should I speak with the Police?
Do The Police Have to Read Me My Rights?

In every criminal or DWI / DUI case, after you
have been arrested, the police cannot ask you any questions unless you
are read your Miranda Rights and you fully understand those rights.
However, if the police never ask you any questions, you are not
entitled to have your rights read to you.

If you have been arrested or believe that you
are about to face criminal or DWI / DUI charges do not speak with the
police. Anytime you say anything to the police, write anything for
the police or sign a statement written by the police, that statement
will be used against you at the criminal trial. It is extremely rare
that something you say will prevent you from being arrested. If you
do not want to make a statement to the police you can simply refuse to
answer any questions or ask to have your lawyer present. Whether or
not you have hired a criminal or DWI / DUI lawyer, the police cannot
ask you any questions regarding the criminal or DWI / DUI case, if you
request your lawyer.

If I
Have Been Given a Desk Appearance Ticket (D.A.T.), Was I Arrested?

Yes. If you have been given a Desk Appearance
Ticket that means that you have been arrested for committing a
criminal offense, but, you were released and given a date in the
future to come to Criminal Court to face your criminal charges.
While every person that is arrested would rather be given a Desk
Appearance Ticket rather than go through the system (central
booking), a Desk Appearance Ticket will only be issued on
misdemeanor criminal arrests for something other than domestic
violence after the police determine that you do not have any
outstanding criminal arrest warrants and believe that you will
return to Criminal Court voluntarily to face your criminal charges.

II.ARRAIGNMENT

Are
You Facing Criminal Charges?

After
you have been arrested by the New York State or City police on
misdemeanor or felony criminal or DWI /DUI charges, the District
Attorney’s Office (Manhattan, Brooklyn, Bronx, Queens, Staten Island,
Nassau or Suffolk) determines whether there is sufficient information
to believe that you have committed a criminal or DWI / DUI offense.
If the District Attorney’s Office believes that you have committed a
criminal or DWI / DUI offense, it will draft a Criminal Court
Complaint listing each of the criminal or DWI / DUI charges and the
facts describing your criminal conduct.

Can I
get Released on My Own Recognizance or Will Bail be Set?

After
the Criminal Court Complaint is drafted you will see a judge, who will
officially inform you of the misdemeanor or felony criminal or DWI /
DUI charges you are facing. After the judge listens to your criminal
or DWI / DUI defense lawyer’s application, the judge will then decide
whether to release you on your own recognizance (R.O.R.) or set bail.
The decision is usually based on the seriousness of the criminal or
DWI / DUI charges and whether the judge believes that you will return
to court.

III.
GRAND JURY

Will
My Criminal or DWI / DUI Case Be Presented To the Grand Jury?

Anytime that someone is facing criminal felony
charges, or misdemeanor charges that the District Attorney’s Office
believes should be elevated to a criminal felony offense, the District
Attorney’s Office must present all of the available evidence to the
Grand Jury.

What
Power Does the Grand Jury Have Over My Criminal Case?

The
Grand Jury must listen to all of the evidence presented and determine
whether there is reasonable cause to believe that the accused
committed the criminal felony offense. If the Grand Jury believes
that there is sufficient evidence to believe that accused committed
the criminal offense the Grand Jury will issue an indictment of the
criminal offenses supported by the evidence. If the Grand jury
believes that there is insufficient evidence to believe that the
accused committed the criminal offense, the case will be dismissed.

IV.
PRE-TRIAL INVESTIGATION

How
Will New York Criminal Defense Attorney Jason A. Steinberger Handle My
Case?

Jason A. Steinberger believes that the best way
to fight your case is attack it from the very beginning to ensure that
all of the information to help you still exists, is available and is
fresh in witnesses’ memories. Attorney Jason A. Steinberger
understands that where exculpatory information is gathered early
enough the District Attorney’s Office will dismiss the criminal
charges and criminal case against you or offer you a non-criminal
resolution.

Every person accused of committing a criminal
offense in New York has the right to have the New York State and City
Police Departments and the District Attorney’s Office in Manhattan,
Brooklyn, Bronx, Queens, Staten Island, Nassau and Suffolk, prosecute
the criminal case pursuant to the laws of New York State. Anytime the
New York State or City police take a statement from an accused, take
property from an accused or subject the accused to a police arranged
identification procedure, motions should be filed to preclude the
evidence from being introduce at trial or have the Court order a
hearing to determine the admissibility of the evidence.

If statements were improperly taken by the
police – Jason A. Steinberger will file motions to prevent the
District Attorney’s Office from using that statement against you at
trial.

If property was taken from you – Jason A.
Steinberger will file motions to prevent the District Attorney’s
Office from introducing that property as evidence against you at
trial.

If the police arranged an identification
procedure and someone identified you as the person who committed the
crime – Jason A. Steinberger will file motions to prevent the
District Attorney’s Office from having that person identify you in
court.

VI.TRIAL

Jason A. Steinberger understands that the threat
of a criminal or DWI / DUI trial makes people uneasy. This is why Mr.
Steinberger always works to obtain the best possible resolution of
your Manhattan, Brooklyn, Bronx, Queens, Staten Island, Nassau or
Suffolk case without having to go to trial.

However, because every client must decide what is
best for him or herself, and the decision is made to fight the
criminal or DWI / DUI case at trial, Jason A. Steinberger will always
be prepared to rely on his resources as a former New York State
Criminal Prosecutor and Former Adjunct Law Professor at Hofstra
University School of Law to bring about the best resolution at trial;
Not Guilty.